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Q&A: Proper Notice of Meetings

By Donald M. Onorato   2010 July Q&A
Q&A: Proper Notice of Meetings

Q “The board was advised by one of the owners that we must mail all the minutes of each directors' meeting to all the owners. Is this correct?”

–Parcel Poster

A “The bylaws of the condominium association sets forth the method for the administration and management of the condominium and its property including the procedure for conducting board of trustee meetings, which are open to attendance by all unit owners,” says Hackensack-based attorney Donald M. Onorato.

“Additionally, the New Jersey Condominium Act and the New Jersey Administrative Code specifically address the issues dealing with distribution of board of trustees meeting minutes. More specifically, N.J.S.A. 46:8b-13 (A) provides that “[a]t each meeting required under this subsection to be open to all unit owners, minutes of the proceedings shall be taken, and copies of those minutes shall be made available to all unit owners before the next open meeting.” Likewise, N.J.A.C. 5:20-1.1 which sets forth the procedure for open board meetings provides (c) “that at each meeting required to be open to all unit owners, minutes of the proceeding shall be taken and copies of those minutes shall be made available to all unit owners before the next scheduled meeting.” The requirement to make the minutes “available” prior to the next open meeting does not mandate the association mail those minutes to the unit owners. N.J.A.C. 5:20-1.2 which sets forth the notice requirement with respect to meetings required to be open to all unit owners states that “adequate notice” shall be written notice either posted prominently in at least one place on the condominium property or be accessible at all times to all unit owners, or else mailed, telephoned, telegrammed or hand-delivered to at least two newspapers that have been designated by the governing board and by the association to receive such notices or notice filed with the person responsible for administrating the business office of the association. Hence, the association is not required to mail the minutes to each unit owner but the posting of same prior to the next open meeting would constitute “adequate notice.”

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Comments

  • Mbolotsebastian on Sunday, March 25, 2012 3:55 PM
    Dear Pattie.Your quote below defines etcaxly who I am.I felt that if I am running for the board and will hold a fiduciary relationship to the unit-owners in accordance with the articles of Incorporation and By-Laws I should disclose that I have a home office. According to the section General Information Concerning The Condominium in our By-Laws# 11 Summary Of Use Restrictions To Be Imposed Upon Units Concerning The Use Of The Condominium Property. (al) If permitted by applicable law, a Residential Unit may also be utilized as a home office as the term home office is defined under applicable zoning laws. Such use shall not affect the Owner's maintenance fee or undivided interest. I have a warehouse and office at 4410 SW 73 Ave where we conduct ANY and ALL trades of physical products. By law I must have a warehouse to have a JDBW license. We are in the 21st century and a home office is utilized by many Americans in this time and age. Please do not confuse my activities with Sharon she has a stock photography company which I assume utilizes models and photographers. I am in a very regulated industry and will welcome any other questions you might have. Since we are on the topic of renting the association's commercial space, according to the section Prospectus For Venetia, A Condominium # XVIII The Association. # 18.13 The association may acquire, convey, lease or mortgage Association real property upon the approval of fifty (50%) percent of the total voting interests in the Association. I do not recall on voting for the space that was leased by Sharon. Pattie if you want to ask me a question I left my number on that video it is 305-588-0124. By the way I have been living here since 2001 I wake up and go to sleep in this building and the unit is 403 I welcome you to visit me at any time you wish. Also if you would like to visit our warehouse and office at 4410 SW 73 Ave I will also extend my personal invitation. Pattie if you are concerned about the by laws you should also inquire about Article Four. Voting.Section 12. (b) If the vacancy is for the director who has been elected by the residential Members, a such election of the Residential Members shall be called to replace the Member as soon as practical provided however that if the next annual meeting of the Association is scheduled within(3) months of the vacancy occurring, then no special election shall be held and the seat shall remain vacant until the next annual meeting. I don't recall any elections being held for all current board members? Do you? Also are you aware that solicitation of any kind is not allowed in this building according to our By Laws? If I can recall you personally campaigned for your current boss commissioner Marc Sarnoff and did allot of solicitation in our building. According to our By Laws solicitation of any kind is not permitted in this building. If you are concerned about By Laws you should begin by questioning the action's of our current board and yours as well. For the record your illegal solicitation was effective, I voted for Marc Sarnoff.Regards,Gabriel MendozaUnit 403305-588-0124 His comments are to be respected and his intentions seem sincere about running for the Board of Directors and devoting time.

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